Hornby reviews three theater performances, including Doubt directed by John Patrick Shanley and performed at the Broadway in New York City, The Pillowman directed by Martin McDonagh and performed at the Broadway in New York City, and Tartuffe directed by Jon Kellam and performed in Los Angeles.
In February 2004, Cameron Todd Willingham of Corsicana was put to death for allegedly killing his three young daughters in a house fire. Prior to the execution, the governor and the Texas Board of Pardons and Paroles - every member a [Rick Perry] appointee - ignored a report by Austins Gerald Hurst, one of the nations premier arson experts, that showed the arson finding resulted from a shoddy investigation based on outdated methods. Last month, another leading arson scientist, Craig Beyler, issued a report to the Texas Forensic Science Commission, also finding that investigators relied on what Hurst calls "old wives' tales" to conclude that Willingham set the fatal fire. I'm familiar with the latter-day supposed experts on the arson side of it," he told the Dallas Morning News, which r...
Criminal law: aggravated robbery; felony murder; allied offenses; merger; Miranda; break in time; hearsay; unavailable; Fifth Amendment; Confrontation Clause; testimonial hearsay; harmless beyond reasonable doubt; other bad acts; harmless error.
TO THE EDITORS: As I was following the murder trial of Joy O'Shea Woomer, I kept wondering how the jury could convict someone of murder "beyond reasonable doubt" with the evidence they presented at this trial.
... (which would be more tantamount to the "beyond a reasonable doubt" burden used in criminal cases)...
Article 15 of the UCMJ enables U.S. military commanders to address minor offenses1 that do not warrant a trial by court-martial, but present discipline or authority problems within their units.2 Article 15 proceedings are unlike courts-martial and are a nonjudicial form of punishment.3 Commander's discretion, though not absolute, is extremely broad.4 Commanders determine when to pursue nonjudicial punishment and also what punishment to impose if he finds the individual guilty of the alleged infraction.5 Before making a determination of guilt, the commanding officer must be convinced by the facts and circumstances surrounding the infractions that nonjudicial punishment is appropriate.6 The MCM, however, fails to specify the required burden of proof for determining guilt in nonjudicial pu...
LONG BEACH - An attempt to spread some aromatherapy in Judge Jesse Rodriguez's courtroom instead raised a big stink. During the break before the afternoon session Wednesday at Long Beach Superior Court in the case of two women facing felony animal cruelty charges, a friend of the defendants walked across the empty jury box spraying a fragrance.
A judge could enhance a defendant's sentence based on facts proven by a preponderance of the evidence - due process doesn't require proof beyond a reasonable doubt, the en banc 3rd Circuit has ruled. The defendant pled guilty to being a felon in possession of a firearm. Treating the federal sentencing guidelines as advisory pursuant to U.S. v. Booker, 543 U.S. 220 (2005), a judge imposed a sentence of 100 months. The sentence reflected a four-level enhancement based on the judge's finding by a preponderance of the evidence that the defendant used a firearm in connection with what constituted an offense of aggravated assault under state law.
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